Allowed

Bhure Ali v. State of U.P. and Another

Allahabad HC22 Feb 2021ABAIL/1370/2021

Case brief

AI extract

What is this about?

The single judge allowed a Criminal Misc. Anticipatory Bail Application filed under S. 438 Cr.P.C. However, the applicant must surrender before the lower court within 90 days. Failure to do so will result in coercive action, and no further extension will be granted.

What did the court decide?

Granted anticipatory bail contingent upon surrendering before the court below within 90 days; threat of coercive action if failed to appear.

Bhure Ali Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1370 of 2021 Applicant :- Bhure Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.,Deepak Singh

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Hon'ble Siddharth,J.

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Sri Deepak Singh, Advocate has put in appearance on behalf of the opposite party no. 2 in the Court today which is taken on record.

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Heard learned counsel for the applicant, Sri Deepak Singh, learned counsel for the opposite party no. 2 and learned A.G.A for the State.

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Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Anticipatory Bail Application

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The instant anticipatory bail application has been filed on behalf of the applicant, Bhure Ali, with a prayer to release him on bail in Case Crime No. 265 of 2020, under Sections- 307, 504, 506 I.P.C., Police StationRajjabpur, District- J.P. Nagar (Amroha), during pendency of trial.

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Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused and also judgement of the Apex Court in the case of P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198, this Court does not finds any exceptional ground to exercise its discretionary jurisdiction under Section 438 Cr.P.C.

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However, in view of the entirety of facts and circumstances of the case and on the request of learned counsel for the applicant, it is directed that in case the applicant appears and surrenders before the court below within 90 days from today and applies for bail, his prayer for bail shall be considered and decided as per the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

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Till then, no coercive action shall be taken against the applicant.

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However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against him.

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It is made clear that the applicant will not be granted any further time by this court for surrendering before the court below as directed above.

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With the aforesaid directions, this application is finally disposed of.

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Order Date :- 22.2.2021 KS

Bhure Ali v. State of U.P. and Another

Case brief

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Bhure Ali v. State of U.P. and Another

Case brief

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